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LUTTERODT JA.: In 1958 the petitioner-cross appellant (hereinafter referred to as the appellant) got married to the original respondent, one S A Mensah, now deceased, in accordance with customary law. Following a breakdown of their marriage, she instituted proceedings in the High Court, Accra for a number of reliefs including the following:
“(2) That the petitioner be granted maintenance pending suit and financial provision.
(3) That it be declared that the petitioner has a beneficial interest in the family assets.”
By a judgment dated 14 December 1984, the learned trial judge ordered, among other things, as follows:
“For the petitioner’s matrimonial reliefs concerning financial provision and beneficial interest in the respondent’s assets, it is hereby ordered that the petitioner be given the respondent’s house at Tesano where the petitioner resides and has already staked her interests by making extensions thereto.”
The respondent who was not at all happy with this order in particular cau…